MS Global Company (plaintiff) based in Manama, Kingdom of Bahrain, has filed a commercial lawsuit against Banjak Frozen Food (Defendant) at the Commercial Court in Monrovia, seeking US$467,013.50 along with a legal interest of six percent.
The lawsuit centers around frozen chicken feet the Bahrain Company supplied to its Liberian counterpart, Banjak Frozen Food, between February 2024 and August 2024.
The suit, filed by MS Global Company through its Liberian Attorney-In- Fact, Cllr. Albert S. Sims, also argues that the plaintiff supplied the defendant with frozen food commodities; specifically, chicken upper backs, chicken carcasses, and fish in varying quantities and at varying prices.
The court document argues that from the start, the commercial and business relationship between defendant and plaintiff was cordial and marked by what appeared to be a demonstrated commitment on the part of the defendant to live up to the terms of its contracts with Plaintiff by making timely payments for commodities supplied. This was evidenced by the defendant's prompt discharge of its obligations arising out of or in connection with the first two consignments of commodities supplied equal to a total of 48 tons, valued at US$66,340.00.
Regrettably, however, payment for subsequent frozen food commodities supplied to the Defendant by the Plaintiff was disappointingly not met with the same promptitude with which Defendant had settled Plaintiff's previous invoices for the first two (2) consignments of the commodities such as at the time of the filing of this Action, the suit claims.
"Plaintiff's exposure to Defendant or stated, Defendant's obligation to Plaintiff
stands at US$467,013.50 decomposed hereunder," the lawsuit said.
On March 19, 2024 (19.03.2024), Plaintiff issued Defendant its Proforma Invoice No. 3297yr2024 for the supply of five (5) containers or a total of 135,000kg of frozen chicken feet at the aggregate cost of US$118,800.00 with payment term stated thereon as "100% Payment
Transfer 30 days from Exact Date of Arrival (ETA) at the Port of Monrovia," the lawsuit said.
According to the records, on March 25, 2024, the defendant reverted to the plaintiff with its acceptance of the terms of said Proforma Invoice by signing and affixing its stamp/seal thereon.
However, on the same March 19, 2024, Plaintiff issued Defendant its Contract cum Sales Order No. 3297yr2024, containing the terms stated in the confirmed Proforma Invoice, the same being, inter alia, for Plaintiff to deliver to Defendant 135,000kg of chicken feet loaded in five (5) containers at the total cost of US$118,800.00, payable within 30 days from the Exact Date of Arrival (ETA) at the Freeport of Monrovia.
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"On March 25, 2024, defendant reverted to Plaintiff with its acceptance of the Contract/Sales Order by signing and affixing its stamp/seal thereon," according to the suit.
They argue that three (3) of the original containers were canceled by Defendant and therefore only two (2) containers were delivered to Defendant bearing Container Nos. CGMU5443020 and TRIU8693964, and for and in respect of said two (2) containers, Bill of Lading No. SZ1451765 was issued by the carrier.
The suit further argues because of the cancellation of three (3) of the original five (5) containers, thus leaving only two (2), on April 25, 2024, Plaintiff issued its actual Commercial Invoice No. 3297-1/2yr2024 for the two (2) containers of the commodities for US$47,520.00.
"That on May 17, 2024, Plaintiff issued a Credit Note, same being Invoice No. 12yr2024 in favor of Defendant for the amount of US$345.00 occasioned by correction of Invoice No. 3297yr2024 as indicated thereon," the suit noted.
It went on to say that on August 9, 2024, Plaintiff issued Commercial Invoice No. 19yr2024, to reckon late payment penalty computed in line with the terms of Contract/Sales Order 297yr2024 for US$2,358.50.
